| Case ID |
2e00edd1-58d9-4025-b332-e7b74a5aa798 |
| Body |
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| Case Number |
Civil Revision No.18764 of 2022 |
| Decision Date |
Oct 11, 2022 |
| Hearing Date |
Oct 11, 2022 |
| Decision |
The Lahore High Court set aside the judgments and decrees passed by both the Courts below, emphasizing that cases should be decided on merits rather than on technicalities. The Court noted that the petitioners were not given appropriate notice regarding the transfer of their case to another court, which led to the dismissal of their suit for want of evidence. The High Court remanded the case back to the Trial Court, allowing the petitioners two clear opportunities to present their complete evidence, thereby ensuring justice was served. |
| Summary |
In this case, the Lahore High Court addressed the procedural inadequacies surrounding the transfer of a civil suit. The petitioners, Muhammad Yaqoob and others, faced dismissal of their suit for lack of evidence, which was attributed to the transfer of the case without proper notice. The Court highlighted the importance of adhering to procedural rules designed to protect the rights of parties involved in litigation. The decision reinforced the principle that justice should not be hindered by technicalities, and that proper notice is essential when cases are administratively transferred. Ultimately, the High Court's ruling aimed to ensure that the petitioners had a fair chance to present their evidence, thus upholding the integrity of the legal process. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAHID BILAL HASSAN
|
| Lawyers |
Mian Zaffar Iqbal Kalanauri,
Basharat Ali Gill
|
| Petitioners |
MUHAMMAD YAQOOB and others
|
| Respondents |
RAHEELA YOUSAF and others
|
| Citations |
2024 SLD 2838,
2024 CLC 49
|
| Other Citations |
2020 SCMR 300,
PLD 1975 Lahore 879,
1970 SCMR 251
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
24-A(2),
3
|